Is Drunk Driving a Felony in Massachusetts?
Drunk driving, also known as driving under the influence (DUI) or operating under the influence (OUI), is a serious offense that can have severe consequences in Massachusetts. In this article, we will explore whether drunk driving is a felony in Massachusetts and what the penalties are for those convicted of this crime.
Is Drunk Driving a Felony in Massachusetts?
No, drunk driving is not a felony in Massachusetts. However, it is a serious crime that can carry significant penalties, including fines, imprisonment, and a loss of driving privileges.
What are the Penalties for Drunk Driving in Massachusetts?
In Massachusetts, the penalties for drunk driving depend on the individual’s blood alcohol content (BAC) level and their prior criminal history. Here are the penalties for OUI in Massachusetts:
| BAC Level | Penalties |
|---|---|
| .08% to.10% | 30 days to 2.5 years in jail, $500 to $5,000 fine, and license suspension for 30 to 180 days |
| .10% to.15% | 60 days to 2.5 years in jail, $500 to $5,000 fine, and license suspension for 1 to 3 years |
| .15% or higher | 2.5 years to 5 years in jail, $500 to $10,000 fine, and license suspension for 1 to 3 years |
Enhanced Penalties for Aggravating Factors
In addition to the penalties listed above, there are enhanced penalties for certain aggravating factors, including:
- Second or subsequent offense: Additional penalties of 30 days to 1 year in jail and a fine of $500 to $5,000
- Injury or death to another person: Additional penalties of 2 to 5 years in jail and a fine of $5,000 to $10,000
- Refusal to submit to a chemical test: Additional penalties of 30 days to 1 year in jail and a fine of $500 to $5,000
Consequences of a Drunk Driving Conviction
A drunk driving conviction can have significant consequences, including:
- Jail time: A convicted individual may be sentenced to jail time, which can range from 30 days to 5 years.
- Fines: A convicted individual may be required to pay a fine, which can range from $500 to $10,000.
- License suspension: A convicted individual’s driver’s license may be suspended for a period of time, which can range from 30 days to 3 years.
- Increased insurance rates: A convicted individual’s insurance rates may increase significantly.
- Stigma and reputation: A drunk driving conviction can damage an individual’s reputation and relationships.
Defenses to Drunk Driving Charges
While drunk driving is a serious offense, there are defenses that can be raised in court to challenge the charges. Some common defenses include:
- Improper stop: If the police did not have a valid reason to stop the individual, the charges may be dismissed.
- Improper arrest: If the police did not have a valid reason to arrest the individual, the charges may be dismissed.
- Invalid breath test: If the breath test was not administered properly, the results may be invalid and the charges may be dismissed.
- Other legal defenses: There may be other legal defenses that can be raised in court, depending on the specific circumstances of the case.
Conclusion
In conclusion, while drunk driving is not a felony in Massachusetts, it is a serious offense that can carry significant penalties. It is important for individuals to understand the penalties and consequences of a drunk driving conviction and to take steps to avoid getting behind the wheel while under the influence. If you have been charged with drunk driving, it is important to seek the advice of an experienced attorney who can help you navigate the legal system and raise defenses to challenge the charges.
